'Final customer' in the European Union Internal Electricity Market means a customer purchasing electricity for his own use (Article 2(9) of the Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity.

„Charge point operators can be considered final customers in the meaning of Directive 2009/72/EC, while electric vehicle owners who purchase a charging service from a charge point operator cannot” (answer given by Mr Arias Cañete on behalf of the Commission, 28 February 2018, European Parliament, Parliamentary questions, E-007793-17).

Parliamentary questions, 15 December 2017, E-007793-17, Question for written answer to the Commission, Rule 130, Lynn Boylan (GUE/NGL), European Parliament

Subject: Definition of final consumer in the internal market in Electricity Directive

Energy customers have rights deriving from provisions in EU legislation and these rights are thus set out in national laws and are upheld by the national regulatory authorities. In order for these rights to be guaranteed, the definition of ‘energy consumer’ or ‘final consumer’ must apply.

In Directive 2009/72/EC the term ‘final customer’ is defined in Article 2(9) as ‘a customer purchasing electricity for his own use’.

Does this then apply to an electric-vehicle owner who purchases electricity in the form of recharging their vehicle at a public charging point?

Answer given by Mr Arias Cañete on behalf of the Commission, 28 February 2018

Directive 2009/72/EU defines a final customer as a ‘customer purchasing electricity for his own use’. This definition includes commercial customers whose business activities include the provision of electricity which could include a charge point operator.

Supply of electricity in the directive is understood as a network-based, time-spread sales of electricity delivered to a particular fixed point in the network: that is the customers' metering point. A supply contract is established between the charge point operator who offers charging services and its supplier of electricity.

This is confirmed by Article 4.8 of Directive 2014/94/EU on the deployment of alternative fuel infrastructure which provides charge point operators with rights specific to final customers and entitles them to purchase electricity and sell charging services: ‘Member States shall ensure that operators of recharging points accessible to the public are free to purchase electricity from any Union electricity supplier, subject to the supplier's agreement. The operators of recharging points shall be allowed to provide electric vehicle charging services (Art 4.8)’.

Therefore, charge point operators can be considered final customers in the meaning of Directive 2009/72/EC, while electric vehicle owners who purchase a charging service from a charge point operator cannot.